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(영문) 창원지방법원 거창지원 2014.12.23 2014고단328
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle of C1 ton.

On September 12, 2014, at around 19:00, the Defendant proceeded with the intersection of the private distance without national highways signal No. 24 in front of the Chang-ri, Chang-ri, Chang-ri Village in the Gyeongnam Development-gun, in the erode, from the erode of the erode, to the erode of the erode Eup.g., approximately 60km at a speed.

Since there is a private street crossing, a person engaged in driving a motor vehicle has a duty of care to reduce speed and to properly see the right and the right and the right of the motor vehicle, and to prevent the accident by properly operating the brake, steering system, steering system, etc.

Nevertheless, the Defendant neglected this and received the part on the left side of the bicycle driven by the victim D (the age of 80) driving from the Myeong-dog-dog-dog-dog-dog-dog-dog-dog-dog-dog-dog-dog-dog-dog,

Ultimately, at around September 21, 201, the Defendant caused the death of the victim due to the injury to external wounds at the Gyeongnam University Hospital located in Jinnam-ro 79, Jinju-si, Jinnam-si, on September 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order constitutes an unfavorable circumstance that the result of the crime of this case committed by the victim is the death of the victim. However, considering all the circumstances where the defendant committed the crime, the defendant seems to have committed the crime, the victim seems to have been negligent in the occurrence of the accident, the victim's bereaved family members and the first offender, and the fact that the victim agreed smoothly with the victim's bereaved family members, the first offender, etc., the order is issued.

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